The Constitution of Georgia

CHAPTER ONE
General Provisions

Article 1

1. Georgia shall be an independent, unified and indivisible state, as confirmed by the Referendum of 31 March 1991, held throughout the territory of the country, including the Autonomous Soviet Socialist Republic of Abkhazia and the Former Autonomous Region of South Ossetia and by the Act of Restoration of the State Independence of Georgia of 9 April 1991.
2. The form of political structure of the state of Georgia shall be a democratic republic.
3. "Georgia" shall be the name of the state of Georgia.

Article 2

1. The territory of the state of Georgia shall be determined as of 21 December 1991. The territorial integrity of Georgia and the inviolability of the state frontiers, being recognised by the world community of nations and international organisations, shall be confirmed by the Constitution and laws of Georgia.
2. The alienation of the territory of Georgia shall be prohibited. The state frontiers shall be changed only by a bilateral agreement concluded with the neighbouring State.
3. The territorial state structure of Georgia shall be determined by a Constitutional Law on the basis of the principle of circumscription of authorisation after the complete restoration of the jurisdiction of Georgia over the whole territory of the country.
4. The citizens of Georgia shall regulate the matters of local importance through local self- government without the prejudice to the state sovereignty. The office of the superiors of the executive bodies and a representative office of local self-government shall be electoral. The procedure of the creation of the bodies of local self- government, their authority and relation with state bodies shall be determined by the Organic Law. (acquired a new wording by the Constitutional Law of Georgia of.6 February 2004 )

Article 3

1. The following shall fall within the exclusive competence of higher state bodies of Georgia:
   1. legislation on Georgian citizenship, human rights and freedoms, emigration and immigration, entrance and leaving the country, temporary or permanent residence of citizens of foreign states and stateless persons in Georgia;
   2. the status, boundary regime and defence of the state frontiers; the status and defence of territorial waters, airspace, the continental shelf and Exclusive Economic Zone;
   3. state defence and security, armed forces, military industry and trade in arms;
   4. the issues of war and peace, the determination of a legal regime of the state of emergency and the martial law and their introduction;
   5. foreign policy and international relations;
   6. foreign trade, customs and tariff regimes;
   7. state finances and state loan; issuing money; legislation on banking, credit, insurance and taxes;
   8. standards and models; geodesy and cartography; determination of the exact time; state statistics;
   9. a unified energetic system and regime; communications; merchant fleet; ensigns; harbours of general state importance; airports and aerodromes; control of airspace, transit and air transport, registration of air transport; meteorological service; environmental observation system;
   10. railways and motor roads of state importance;
   11. piscary in ocean and high seas;
   12. frontier-sanitary cordon;
   13. legislation on pharmaceutical medicines;
   14. certification and accreditation of secondary schools and institutes of higher education; legislation on academic, scientific and professional titles and grades;
   15. legislation on intellectual property;
   16. legislation on trade law, criminal law, civil law, administrative law and labour law, penitentiary and procedures legislation.
   17. criminal police and investigation;
   18. legislation on land, subsoil and natural resources;
2. Issues falling within the joint competence shall be determined separately.
3. The status of the Autonomous Republic of Ajara shall be determined by the Constitutional Law of Georgia "On the Status of the Autonomous Republic of Ajara". (added by the Constitutional Law of Georgia of 20 April 2000)

Article 4

1. After the creation of appropriate conditions and formation of the bodies of local self- government throughout the whole territory of Georgia two chambers shall be set up within the Parliament of Georgia: the Council of Republic and the Senate.
2. The Council of Republic shall consist of members elected after a proportional system.
3. The Senate shall consist of members elected from Abkhazia, the Autonomous Republic of Ajara and other territorial units of Georgia and five members appointed by the President of Georgia. (added by the Constitutional Law of Georgia of 20 April 2000)
4. The composition, authority and election procedure of the chambers shall be determined By the Organic Law.

Article 5

1. The people shall be the source of state authority in Georgia. The state authority shall be exercised within the framework established by the Constitution.
2. The people shall exercise their authority through referendum, other forms of direct democracy and their representatives.
3. No one shall have the right to seize the authority or usurp it.
4. State authority shall be exercised on the basis of the principle of separation of powers.

Article 6

1. The Constitution of Georgia shall be the supreme law of the state. All other legal acts shall correspond to the Constitution.
2. The legislation of Georgia shall correspond to universally recognised principles and rules of international law. An international treaty or agreement of Georgia unless it contradicts the Constitution of Georgia, the Constitutional Agreement, shall take precedence over domestic normative acts. (change is added by the Constitutional Law of Georgia of 30 March 2001)

Article 7

The state shall recognise and protect universally recognised human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the state shall be bound by these rights and freedoms as directly acting law.

Article 8

The state language of Georgia shall be Georgian, and in Abkhazia - also Abkhazian. (change is added by the Constitutional Law of Georgia of 10 October 2002).

Article 9

1. The state shall declare complete freedom of belief and religion, as well as shall recognise the special role of the Apostle Autocephalous Orthodox Church of Georgia in the history of Georgia and its independence from the state.
2. The relations between the state of Georgia and the Apostle Autocephalous Orthodox Church of Georgia shall be determined by the Constitutional Agreement. The Constitutional Agreement shall correspond completely to universally recognised principles and norms of international law, in particular, in the field of human rights and fundamental freedoms. (change is added by the Constitutional Law of Georgia of 30 March 2001)

Article 10

Tbilisi shall be the capital of Georgia.

Article 11

The state symbols of Georgia shall be determined by the Organic Law.

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